89-9320 IRB Presbyterian Manor(Published in the Salina Journal, -WDv X20, 1989)
ORDINANCE NO. 89-9320
AN ORDINANCE AMENDING SECTION 1, WHICH
REFERENCES SCHEDULE I AS INCORPORATED THEREIN
BY REFERENCE OF ORDINANCE NO. 87-9180 OF THE
CITY OF SALINA, KANSAS; REPEALING SAID SECTION
1 AND SCHEDULE I OF ORDINANCE NO. 87-9180;
PRESCRIBING THE FORM AND AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO THE SUPPLEMENTAL
LEASE BY AND BETWEEN SAID CITY AND SALINA
PRESBYTERIAN MANOR, INC., A KANSAS NON-PROFIT
CORPORATION.
WHEREAS, the City of Salini, Kansas, a City of the first class
(the "City") pursuant to Ordinance No. 8639 duly adopted June 5,
1978, has heretofore issued its Industrial Revenue Bonds, Series
June 1, 1978, in the original I'Irincipal amount of $2,000,000 (the
111978 Bonds") for the purpose of providing funds to pay the cost
of acquiring, constructing and equipping a 60 -bed nursing home
facility in the City of Salina, Kansas, which real property and
improvements have been pledged by the City pursuant to said
Ordinance to secure the payment of said 1978 Bonds; and
WHEREAS, the City, pursuant to Ordinance No. 87-9180 duly
adopted April 20, .1987, supplementing Ordinance No. 8639, has
heretofore issued its Industrial Revenue Bonds, Series 1987, in
the original principal amount of $800,000 (the 111987 Bonds") for
the purpose of providing funds to pay the cost of constructing and
equipping four (4) duplex buildings, as well as the acquisition of
a fifth duplex building in tbs City, which real property and
improvements have been pledged by the City pursuant to said
Ordinance No. 87-9180 to secure the payment of said 1987 Bonds; and
WHEREAS, the 1987 Bonds are on a parity with and are equal in
priority and lien -to the 1978 Bonds; and
WHEREAS, Section 1, which incorporates Schedule I therein by
reference, of amending Ordinance No. 87-9180, erroneously omitted
the legal description of the Facility Additions, as defined
therein; and
WHEREAS, Section 14 of Ordinance No. 87-9180 provides that
except as to differences specifically provided therein, the
provisions of Ordinance No. 8639 shall govern, including the
provisions with respect to amendments; and
■
WHEREAS, Section 17 of Ordinance No. 8639 provides tha
amendments which correct omissions or ambiguities or which add t
the security of the bondholders may be made by the City when agree
to by the Company.
WHEREAS, the City and the Company deem it necessary
desirable to amend Section 1, including Schedule I incorpora
therein of said Ordinance No. 87-9180 to correct such omission
to add to the security of the bondholders.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
CITY OF SALINA, KANSAS:
SECTION 1: Authority to Acquire Real Property and tc
Construct. Purchase and Install the Facility. The City is hereby
authorized to acquire that portion of the real property described
and set forth on Schedule I attached hereto and made a part hereof,
which was not acquired with the 1978 Bonds, and to construct,
purchase and install the buildings and improveme-its and machinery
and equipment as described and set forth on said Schedule I
attached hereto, in accordance with the provisions of the
Supplemental Lease dated as of April 1, 1987, between the City and
the Company, hereinafter sometimes referred to as the "Supplemental
Lease," the Supplemental Lease being authorized by the provisins
of Ordinance No. 87-9180 (said real property being hereinafter and
in the Supplemental Lease referred to as the "Land," and the Land,
together with the buildings and improvements and machinery and
equipment being hereinafter and in the Supplemental Lease referred
to as the "Facility").
SECTION 2: Section 1, together with Schedule
incorporated therein by reference, of Ordinance No. 87-9180 of
City of Salina, Kansas is hereby amended to read as follows:
"SECTION 1: Description of Facility. As used
herein, the term "Facility" shall include the
original facility financed by the 1978 Bonds
and the Bonds hereinafter authorized. The
additions financed with the proceeds of the
Bonds are further described in Schedule I
attached hereto and incorporated herein by
reference."
"SCHEDULE I
SCHEDULE I TO ORDINANCE NO. 87-9180 OF THE CITY
OF SALINA, KANSAS AND TO THE SUPPLEMENTAL LEASE
DATED APRIL 1, 1987, BY AND BETWEEN SAID CITY
AND SALINA PRESBYTERIAN MANOR, INC. AUTHORIZED
BY SAID ORDINANCE.
hlC 111-q — Sa1:11,
FACILITY ADDITIONS
(a) the following described real estate located in Saline
County, Kansas, to wit:
Beginning at the southwest corner of the SW/4
of the SE/4 of Section 17, Township 14S, Range
2W, of the 6th P.M. in Saline County, Kansas;
thence north 45' to the north right-of-way line
of East Crawford Avenue; thence east along said
north right-of-way line of East Crawford 2301,
890 22' 27" to point of beginning; thence east
along said north right-of-way a distance of
360'; thence north 900 a distance of 4001,
thence west 900 a distance of 360'; thence
south 900 a distance of 400' to the point of
beginning.
(b) all buildings, improvements and furnishings now or
hereinafter constructed, located or installed on the Land pursuant
to said Supplemental Lease, constituting the Facility Additions and
more specifically described as follows:
The Facility additions will include the construction of five
(5) additional duplex buildings adjacent to the existing facility,
which will provide 10 residential units."
SECTION 3: Section 1, together with Schedule I as
incorporated therein by reference, of said Ordinance No. 87-9180
-
is hereby repealed in its entirety.
SECTION 4: Any reference in Ordinance No. 87-9180 to
Section 1 or Schedule I is hereby amended to refer to the Section
1 or Schedule I as amended by this Ordinance.
SECTION 5: That the Mayor and City Clerk are hereby
authorized and directed to execute for and on behalf of the City
of Salina, Kansas an Amendment to Supplemental Lease in
substantially the form attached hereto. Said Amendment of
Supplemental Lease is hereby incorporated herein by reference, the
same as if set forth at length herein.
SECTION 6: This Ordinance shall take effect and be in
force from and after its passage and publication once in the
official City newspaper.